Davis v. State Bank

MAJOR, Circuit Judge.

This is an appeal from a judgment, entered July 27, 1944, dismissing plaintiff’s complaint. The cause was tried upon the pleadings, in connection with certain exhibits and affidavits attached thereto. The suit is labeled by the plaintiff as one for an accounting, predicated upon a theory that she has an interest in a trust known and designated as trust No. 53 wherein the defendant bank was and is trustee. In the court below, as here, three defenses were interposed: (1) The complaint fails to state a claim upon which .relief can be granted; (2) the action is barred by the…